34a. 7641 


conveifction.  1866.  : ? 

The  covts^l'feiL'tiovt  &s  ^ 
Awiended , Andl  otndina.v\ces 

of  fVic  Convention  of  1866... 
1866. 


D 


Digitized  by  the  Internet  Archive  v- 
in  2017  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/constitutionasam00texa_0 


LIBRARY 

UNIVERSITY  OF  ILLINOIS 
HRBANA 


THE  CONSTITUTION  AS  AMENDED, 


OEDINANCES  OF  THE  CONVENTION  OF  186(5. 


togethp:k  with  the  proclamation  of  thp:  governor  hp:c earing 

THE  RATIFICATION  OP’  THE  AMPTNDMENTS 
TO  THE  CONvSTITUTION 


AND  THE 

GENERAL  LAWS 


OF  THE 


REGULAR  SESSION  OF  THE  ELEVENTH  LEGISLATURE 

OF  THE 


STATE  OF  TEXAS. 


BY  AUTHORITY. 


AUSTIN 

1866 


'(t-/  7 7 t r/  .:L^I\iCI^ 


L- 


THE  CONSTITUTION 

OF 

THE  STATE  OF  TEXAS. 


We  the  people  of  Texas^  acknowledging  icith  gratitude  the  Grace  of 
God  in  permiUing  us  to  make  choice  of  our  form  of  government^  do 
ordain  and  establish  this  Constitution.  . 


ARTICLE  1. — Bill  of  RiGirTS. 


That  the  general,  great,  and  essential  principles  of  Liberty  and 
Free  (lovernment  may  be  recognized  and  established  we  declare 
that — 

• Section  1.  All  political  power  is  inherent  in  the  people,  and  all 
free  governments  are  founded  on  their  authority,  and  instituted 
for  their  benefit;  and  they  have  at  all  times  the  unalienable  right 
to  alter,  reform  or  abolish  their  form  of  government,  in  such  man- 
ner as  they  may  think  expedient. 

Sec.  2.  All  freemen,  when  they  form  a social  compact,  have 
equal  rights;  and  no  man,  or  set  of  men,  is  entitled  to  exclusive 
separate  public  emoluments  or  privileges,  but  in  consideration  of 
public  services. 

Sec.  3.  Xo  religious  test  shall  ever  be  required  as  a qualification 
to  any  office  or  public  trust  in  this  State. 

Sec.  I.  All  men  have  a natural  and  indefeasable  right  to  worship 
God  according  to  the  dictates  of  their  own  consciences;  no  man  shall 
be  compelled  to  attend,  erect,  or  support  any  place  of  worship,  or 
to  maintain  any  ministry  against  his  consent:  no  human  authority 
ought,  in  any  case  whatever,  to  control  or  interfere  with  the  rights 
of  conscience  in  matters  of  religion;  and  no  preference  shall  ever  be 


( 857) 


4 


Constitution  of  the  State  of  Texas 


given  by  law  to  any  religious  societies  or  mode  of  worship.  But  it 
shall  be  the  duty  of  the  Legislature  to  pass  such  laws  as  (may)  shall 
he  necessary  to  protect  every  religious  denomination  in  the  peace- 
able enjoyment  of  their  own  mode  of  public  worship. 

Sec.  5.  Every  citizen  shall  be  at  liberty  to  speak,  write  or  publish 
his  opinions  on  any  subject,  being  responsible  for  the  abuse  of  that 
privilege:  and  no  law  shall  ever  be  passed  curtailing  the  liberty  of 
speech  or  of  the  press. 

Sec.  6.  In  prosecutions  for  the  publication  of  papers  investigat- 
ing the  official  conduct  of  officers,  or  men,  in  a public  capacity  or 
when  the  matter  published  is  proper  for  public  information,  the 
truth  thereof  may  be  given  in  evidence.  And  in  all  indictments 
for  libels,  the  jury  shall  have  the  right  to  determine  the  law  and 
the  facts,  under  the  direction  of  the  court,  as  in  other  cases. 

Sec.  7.  The  people  shall  be  secure  in  their  persons,  houses, 
papers,  and  possessions  from  all  unreasonable  seizures  or  searches; 
and  no  warrant  to  search  any  place  or  to  seize  any  person  or  thing, 
shall  issue,  without  describing  them  as  near  as  may  be,  nor  without 
probable  cause,  supported  by  oath  or  affirmation. 

Sec.  8.  In  all  criminal  prosecutions,  the  accused  shall  have  a 
speedy  public  trial,  by  an  impartial  jury;  he  shall  not  be  compelled 
to  give  evidence  against  himself;  he  shall  have  the  right  of  being 
heard  by  himself  or  counsel,  or  both;  shall  be  confronted  with  the 
witnesses  against  him,  and  shall  have  compulsory  process  for  obtain- 
ing witnesses  in  his  favor:  and  no  person  shall  be  holden  to  answer 
for  any  criminal  charge,  but  on  indictment  or  information  except 
in  cases  arising  in  the  land  or  naval  forces,  or  offences  against  the 
laws  regulating  the  militia;  provided^  that  in  criminal  prosecutions^ 
the  punishment  whereof  shall  he  fine  not  exceeding  one  hundred  dol- 
lars^ and  imprisonment  not  exceeding  thirty  days,  or  either,  or  any  less 
punishment,  the  accused  may  be  tried  for  the  same  by  a jury,  or  other- 
wise as  the  Legislature  may  provide. 

See.  9.  All  prisoners  shall  be  bailable  by  sufficient  sureties,  un- 
less for  capital  offences,  when  the  proof  is  evident;  but  this  pro- 
vision shall  not  be  so  construed  as  to  prohibit  bail  after  indict- 
ment found,  upon  an  examination  of  the  evidence  by  a Judge  of 
the  'Supreme  or  District  Court,  upon  the  return  of  a writ  of  habeas 
corpus  returnable  in  the  county  where  the  offence  is  committed,  or 
to  such  otT^er  Counties  as  the  same  may  by  consent  of  parties  be  made 
returnable. 

Sec.  10.  The  privileges  of  the  writ  of  habeas  corpus  shall  not 


(858  ) 


Constitution  of  the  State  of  Texas. 


5 


be  suspended^  except  when  in  case  of  rebellion  or  invasion  the  pub- 
lic safety  may  require  it. 

Sec.  11.  Excessive  bail  shall  not  be  required^  nor  excessive  lines 
imposed,  nor  cruel  or  unusual  punishment  inflicted.  All  courts 
shall  be  open,  and  every  person,  for  injury  done  him  in  his  lands, 
goods,  person,  or  reputation,  shall  have  remedy  by  due  course  of 
law. 

Sec.  12.  Xo  person,  for  the  same  offence,  shall  be  twice  put  in 
jeopardy  of  life  or  limb,  nor  shall  a person  be  again  put  upon  trial 
for  the  same  offence  after  a verdict  of  not  guilty;  and  the  right  of 
trial  by  jury  shall  remain  inviolate. 

Sec.  is.  Every  citizen  shall  have  the  right  to  keep  and  bear  arms, 
in  the  lawful  defence  of  himself  or  the  State. 

Sec.  14.  Xo  bill  of  attainder,  ex  post  facto  law,  retroactive  law, 
or  any  law  impairing  the  obligation  of  contracts,  shall  be  made,  and 
no  personas  property  shall  be  taken  or  applied  to  public  use,  without 
adequate  compensation  being  made,  unless  by  the  consent  of  such 
person. 

Sec.  15.  Xo  person  shall  ever  be  imprisoned  for  debt. 

Sec.  16.  Xo  citizen  of  this  State  shall  be  deprived  of  life,  lib- 
erty, property,  or  privileges,  outlawed,  exiled,  or  in  any  manner  dis- 
franchised, except  by  due  course  of  the  law  of  the  land. 

Sec.  17.  The  military  shall  at  all  times  be  subordinate  to  the 
civil  authority. 

Sec.  18.  Perpetuities  and  monopolies  are  contrary  to  the  genius 
of  a free  government,  and  shall  nev^r  be  allowed;  nor  shall  the  law 
of  primogeniture  or  entailments  ever  be  in  force  in  this  State. 

Sec.  19.  The  citizens  shall  have  the  right  in  a peaceable  manner, 
to  assemble  together  for  their  common  good,  and  to  apply  to  those 
invested  with  the  powers  of  government  for  redress  of  grievances, 
or  other  purposes,  by  petition,  address  or  remonstrance. 

Sec.  20.  Xo  power  of  suspending  laws  in  this  State  shall  be  ex- 
ercised, except  by  the  Legislature  or  its  authority. 

Sec.  21.  To  guard  against  transgression  of  the  high  powers 
herein  delegated,  we  deelare  that  everything  in  this  ^^Bill  of  Rights’’ 
is  excepted  out  of  the  general  powers  of  government,  and  shall  for- 
ever remain  inviolate,  and  all  laws  contrary  thereto,  or  to  the  fol- 
lowing provisions,  shall  be  void. 

ARTICLE  II. — Division  of  the  Poweks  of  Goyeknment. 

Section  1.  The  powers  of  the  Grovernment  of  the  State  of  Texas 


(859) 


6 


Constitution  of  the  State  of  Texas. 


sliall  be  divided  into  three  distinct  departments,  and  each  of  them 
be  confined  to  a separate  body  of  magistracy — *to-wit:  those  which 
are  legislative  to  one,  those  which  are  Executive  to  another,  and 
those  which  are  judicial  to  another;  and  no  person,  or  collection  of 
persons,  being  of  one  of  those  departments,  shall  exercise  any 
pov^er,  properly  attached  to  either  of  the  others,  except  in  the  in- 
stance herein  expressly  permitted. 

ARTICLE  III. — Legislative  Department. 

Section  1.  Every  free  male  person  who  shall  have  attained  the 
age  of  twenty-one  years,  and  who  shall  be  a citizen  of  the  Lmited 
States,  and  shall  have  resided  in  this  State  one  year  next  preced- 
ing an  election,  and  the  last  six  months  within  the  district,  county, 
city  or  town  in  which  he  offers  to  vote,  (Indians  not  taxed,  Africans 
and  descendants  of  Africans  excepted,)  shall  be  deemed  a qualified 
elector;  and  should  such  qualified  elector  happen  to  be  in  any  other 
county  situated  in  the  district  in  which  he  resides  at  the  time  of 
an  election,  he  shall  be  permitted  to  vote  for  any  district  officer; 
provided,  that  the  qualified  electors  shall  be  permitted  to  vote 
anywhere  in  the  State  for  State  officers;  and  provided  further,  that 
no  soldier,  seaman  or  marine,  in  the  army  or  navy  of  the  United 
States,  shall  be  entitled  to  vote  at  any  election  created  by  this  Con- 
stitution. 

Sec.  2.  Electors  in  all  cases  shall  be  privileged  from  arrest  dur- 
ing their  attendance  at  elections,  and  in  going  to  and  returning 
from  the  same,  except  in  cases  of  treason,  felony  or  breach  of  the 
peace. 

Sec.  3.  The  Legislative  powers  of  this  State  shall  be  vested  in 
two  distinct  branches,  the  one  to  be  styled  the  Senate,  and  the  other 
the  House  of  Representatives,  and  both  together  the  ^^Legislature  of 
the  State  of  Texas.^^  The  style  of  all  laws  shall  be,  ^^Be  it  enacted 
by  the  I^egislature  of  the  State  of  Texas.’’ 

Sec.  4.  The  members  of  the  House  of  Representatives  shall  be 
chosen  by  the  qualified  electors,  and  their  term  of  office  shall  be 
two  years  from  the  day  of  the  general  election,  and  the  sessions  of 
the  Legislature  shall  be  biennial  at  such  times  as  shall  be  prescribed 
by  law. 

Sec.  5.  Ho  person  shall  be  a representative  unless  he  be  a white 
citizen  of  the  United  States,  and  shall  be  a qualified  elector  at  the 
time  of  his  election.,  and  a resident  of  the  State  for  five  years  next  pre- 
ceding his  election,  and  the  last  year  thereof  a citizen  of  the  county, 
city,  totvn  or  district  for  lohich  he  shall  be  chosen. 


(860  ) 


Constitution  of  the  State  of  Texas. 


7 


Sec.  6.  All  elections  by  the  people  shall  be  held  at  such  time  and 
places  in  the  several  counties,  cities  or  towns  as  are  now  or  may 
hereafter  be  designated  by  law. 

Sec.  7.  The  Senators  shall  be  chosen  by  the  qualified  electors 
for  the  term  of  four  years,  and  shall  be  divided  by  lot  into  two 
classes  as  nearly  equal  as  can  be.  The  seats  of  senatons  ef  the  first 
class  shall  be  vacated  at  the  expiration  of  the  first  two  years,  and  of 
the  second  class  at  the  expiration  of  four  years,  so  that  one-half 
thereof  shall  be  chosen  biennially  thereafter. 

Sec.  8.  Such  mode  of  classifying  new  additional  Senators  shall 
be  observed,  as  will  as  nearly  as  possible,  preserve  an  equality  of 
number  in  each  class. 

Sec.  9.  When  a Senatorial  District  shall  be  composed  of  two  or 
more  counties,  it  shall  not  be  separated  by  any  county  belonging  to 
another  district. 

Sec.  10.  'No  person  shall  be  a Senator  unles  he  be  a ivhite  citi- 
zen of  the  United  States,  and  shall  have  been  a qualified  elector  of 
this  State  at  the  time  of  his  election.,  and  a resident  of  the  State  five 
years  next  'preceding  the  election.,  and  the  last  year  thereof  a resi- 
dent of  the  district  for  which  he  shall  be  chosen,  and  have  attained 
the  age  of  thirty  years. 

Sec.  11.  The  House  of  Representatives,  when  assembled,  shall 
elect  a speaker  and  its  other  officers,  and  the  Senate  shall  choose  a 
President  for  the  time  being,  and  its  other  officers.  Each  House 
shall  judge  of  the  qualifications  and  elections  of  its  own  members; 
but  contested  elections  shall  be  determined  in  such  manner  as  shall 
be  directed  by  law;  two-thirds  of  each  bouse  shall  constitute  a 
quorum  to  do  business,  but  a smaller  number  may  adjourn  from 
day  to  day,  and  compel  the  attendance  of  absent  members  in  such 
manner  and  under  such  penalties  as  each  House  may  provide. 

Sec.  12.  Each  House  may  determine  the  rules  of  its  otwn  pro- 
ceedings, punish  members  for  disorderly  conduct,  and  with  the  con- 
sent of  two-thirds,  expel  a member,  but  not  a second  time  for  the 
same  offence. 

Sec.  13.  Each  House  shall  keep  a journal  of  its  own  procedings, 
and  publish  the  same,  and  the  yeas  and  nays  of  the  members  of 
either  House  on  any  question  shall,  at  the  desire  of  any  three  mem- 
bers present,  be  entered  on  the  journal. 

Sec.  14.  Wffien  vacancies  happen  in  either  House,  the  Governor, 
or  the  person  exercising  the  power  of  the  Governor,  shall  issue 
writs  of  election  to  fill  such  vacancies:  and  should  the  Governor  fail 
to  issue  a 'writ  of  election  to  fill  such  vacancies,  the  returning  officer 


(861) 


8 Constitution  of  the  State  of  Texas. 

for  the  district  or  county  shall  he  authorized  to  order  an  election  for 
that  purpose. 

Sec.  15.  Senators  and  Kepresentatives  shall,  in  all  cases,  except 
in  treason,  felony,  or  breach  of  the  peace,  be  privileged  from  arrest 
during  the  session  of  the  Legislature,  and  in  going  to  and  returnimi 
from  the  same,  allowing  one  day  for  every  twenty  miles  such  mem- 
ber may  reside  from  the  place  at  which  the  Legislature  is  convened. 

Sec.  16.  Each  House  may  punish,  by  imprisonment,  during  the 
sessions,  any  person  not  a member,  for  disrespectful  or  disorderly 
conduct  in  its  presence,  or  for  obstructing  any  of  its  proceedings, 
providing  such  imprisonment  shall  not,  ut  any  one  time,  exceed 
forty-eight  hours. 

Sec.  17.  The  doors  of  each  House  shall  be  kept  open. 

Sec.  18.  Neither  House  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that 
in  which  they  may  be  sitting,  without  the  concurrence  of  both 
Houses. 

Sec.  19.  Bills  may  originate  in  nither  House,  and  be  amended, 
altered  or  rejected  by  the  other;  but  no  bill  shall  have  the  force  of 
a law,  until  on  three  several  days  it  has  been  read  in  each  House,  and 
free  discussion  be  allowed  thereon,  unless,  in  case  of  great  emer- 
gency, four-fifths  of  the  House  in  which  the  bill  shall  be  pending, 
may  deem  it  expedient  to  dispense  iwith  this  rule;  and  every  bill 
having  passed  both  Houses  shall  be  signed  by  the  Speaker  and 
President  of  their  respective  House. 

Sec.  20.  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives,  but  the  Senate  may  amend  or  reject  them 
as  other  bills. 

Sec.  21.  After  a bill  or  resolution  has  been  rejected  by  either 
branch  of  the  Legislature,  no  bill  or  resolution  containing  the  same 
substance,  shall  be  passed  into  a law  during  the  same  session. 

Sec.  22.  Each  member  of  the  Legislature  shall  receive  from  the 
Public  Treasury  a compensation  for  his  services,  which  may  be  in- 
creased or  diminished  by  law;  but  no  increase  of  compensation 
shall  take  effect  during  the  session  at  which  such  increase  shall  be 
made. 

Sec.  23.  No  Senator  or  Representative  shall,  during  the  term 
for  whidh  he  may  be  elected,  be  eligible  to  any  office  of  profit  un- 
der this  State  which  shall  have  been  created,  or  the  emoluments  of 
which  may  have  been  increased  during  such  term:  and  no  member 
of  either  House  of  the  I^egislature.  during  the  term  for  which  he 
is  elected,  although  he  may  resign  his  seat  as  such  member,  shall 


(862) 


Constitution  of  the  State  of  Texas. 


9 


be  eligible  to  any  office  or  place,  the  appointment  to  which  may  be 
made  in  whole,  or  in  part,  by  either  branch  of  the  Legislature.  Nor 
shall  members  of  either  House  vote  for  a member  of  their  own  body., 
though  he  resign  his  seat  in  the  same,  for  Senator  in  the  Congress  of 
the  United  States.  Nor  shall  members  thereof  be  capable  of  voting 
for  a member  of  their  own  body  for  any  office  whatever,  except  it  be 
for  Speaker  of  the  House  of  Representatives,  and  President  for  the 
time  being  of  the  Senate,  who  shall  be  elected  from  their  respective 
bodies. 

Sec.  24.  No  Judge  of  any  Court  of  law  or  equity.  Secretary  of 
State,  Attorney  General,  Clerk  of  any  Court  of  Eecord,  Sheriff  or 
Collector,  or  any  person  holding  a lucrative  office  under  the  United 
States  or  this  State,  or  any  foreign  government,  shall  be  eligible  to 
the  Legislature,  nor  shall  at  the  same  time  hold  or  exercise  any  two 
offices,  agencies  or  appointments  of  trust  or  profit  under  this  State; 
provided,  that  the  officers  of  the  militia,  to  which  there  is  attached 
no  annual  salary,  the  office  of  Notary  Public,  and  the  office  of  Jus- 
tice of  the  Peace,  shall  not  be  deemed  lucrative;  and  that  one  per- 
son may  hold  two  or  more  county  offices,  if  so  provided  by  the  Legis- 
lature. 

Sec.  25.  No  person  who  at  any  time  may  have  been  a collector  of 
taxes,  or  who  may  have  been  otherwise  entrusted  with  public  money, 
shall  be  eligible  to  the  Legislature  or  to  any  office  of  profit  or  trust 
under  the  State  government,  until  he  shall  have  obtained  a dis- 
charge for  the  amount  of  such  collections,  and  for  all  public  money 
with  which  he  may  have  been  entrusted. 

Sec.  26.  Ministers  of  the  gospel  being  by  their  profession  dedi- 
cated to  God  and  the  care  of  souls,  'ought  not  to  be  diverted  from 
the  great  duties  of  their  functions;  therefore,  no  minister  of  the  gos- 
pel, or  priest  of  any  denomination  whatever,  shall  be  eligible  to  the 
Legislature. 

Sec.  27.  Elections  for  Senators  and  Eepresentatives  shall  be 
general  throughout  the  State,  and  'shall  be  regulated  by  law. 

Sec.  28.  The  Legislature  shall  cause  an  enumeration  to  be  made 
every  ten  years,  commencing  on  the  6th  day  of  February,  A.D.  1875, 
of  all  the  Inhabitants,  fncluding  Indians  taxed)  of  the  State,  desig- 
nating particularly  the  number  of  qualified  electors,  and  the  age,  sex 
and  color  of  all  others,  {herein  following  the  classification  of  the  United 
States  census, ) and  the  whole  number  of  representatives  shall,  at  the 
s(‘veral  periods  of  making  such  enumeration,  be  fixed  by  the  Legis- 
lature’and  apportioned  among  the  several  counties,  cities  and  towns 
according  to  the  number  of  ivliite  population  in  each,  and  shall  not 
be  less  than  forty-five  nor  more  than  ninety;  provided,  that  there 


( 863  ) 


10 


Constitution  of  the  State  of  Texas. 


shall  he  an  enumeration  and  an  a'prportionment  made  in  the  year  1870, 
in  the  manne)'  here  indicated. 

Sec.  29.  Until  changed  by  laiv.,  the  act  of  apportionment  passed 
the  Qth  day  of  February^  A.  D.  1860,  by  the  Legislature  of  this  State^ 
shall  remain  in  force. 

Sec.  30.  The  whole  number  of  Senators  shall,  at  the  next  session 
after  the  several  periods  of  makintr  the  enumeration,  he  fixed  by 
the  Legislature,  and  apportioned  among  the  several  districts  to  be 
established  by  law  to  the  number  of  qualified  electors,  and  shall 
never  be  less  than  nineteen  nor  more  than  thirty-three. 

Sec.  31.  The  members  of  the  Legislature  shall,  at  their  first  ses- 
sion hereafter,  receive  from  the  Treasury  of  the  State,  as  their  com- 
pensation, eight  dollars  for  each  day  they  shall  be  in  attendance,  and 
eight  dollars  for  each  twenty-five  miles  in  traveling  to  and  from  the 
seat  of  government.  The  ^ibove  rates  of  compensation  shall  remain 
till  changed  by  law. 

Sec.  32.  The  Legislature  shall  proceed  as  early  as  ijracticable  to 
elect  Senators  to  represent  this  State  in  the  Senate  of  the  United  States, 
and  also  provide  for  the  election  of  Representatives  to  the  Congress  of 
the  United  States. 

Sec.  33.  The  City  of  Austin  is  hereby  declared  to  he  the  seat  of 
government  of  this  State  until  removed  by  an  election  of  the  people; 
and  the  title  to  the  tract  of  land  surveyed  by  virtue  of  the  headright 
certificate  of  Samuel  Goucher,  for  one-third  of  a league  which  was 
selected  and  condemned  to  the  use  of  the  Republic  of  Texas  under  an 
act  of  the  Republic  of  Texas,  entitled  ^'■An  Act  for  the  permanent  lo- 
cation of  the  seat  of  government,''  approved  the  lAth  day  of  January, 
A.  D.  1839,  be  and  the  same  is  hereby  confhnned;  any  irregularity  or 
failure  to  make  proper  parties  or  other  defects  in  the  proceedings  had 
under  said  act  to  the  contrary  notwithstanding ; provided, nevertheless, 
that  the  lawful  owner  of  said  land,  his  heirs,  assigns  or  legal  sepre- 
sentatives,  may  at  any  time  within  one  year  from  the  adoption  of  this 
Constitution,  institute  proceedings  and  have  compensation  as  provided 
by  act  of  the  Legislature  of  the  State  of  Texas,  entitled  ^’‘An  Act  for 
quieting  the  title  to  real  estate  in  the  City  of  Austin,"  approved  \ 
December,  1857, 

AETICLE  IV. — Judicial  Department. 

Section  1.  The  Judicial  power  of  this  State  shall  be  vested  in 
one  Supreme  Court,  in  District  Courts,  in  County  Courts,  and  in 
such  Corporation  Courts  and  other  inferior  Courts  or  tribunals 


(864) 


Constitution  of  the  State  of  Texas. 


11 


as  the  Legislature  may  from  lime  to  time  ordain  and  estahlish.  The 
Legislature  may  establish  Criminal  Courts  in  the  principal  cities 
loithin  the  State,  ivith  such  criminal  jurisdiction,  co-extensive  with  the 
limits  of  the  county  wherein  such  city  may  be  situated,  and  under  such 
regulations  as  may  be  prescribed  by  law;  and  the  Judge  thereof  may 
preside  over  the  Courts  of  one  or  more  cities  as  the  Legislature  may 
direct. 

Sec.  2.  The  Supreme  Court  shall  consist  of  five  Justices,  any 
three  of  whom  shall  constitute  a quorum.  They  shall  be  elected  by  the 
qualified  voters  of  the  State  at  a general  election  for  State  or  County 
officers,  and  they  shall  elect  from  their  own  number  a presiding  officer, 
to  be  styled  the  Chief  Justice;  they  shall  have  arrived  at  the  age  of 
thirty-five  years  at  the  time  of  election;  shall  hold  their  offices  for  the 
term  of  ten  years,  and  each  of  them  shall  receive  an  annual  salary  of 
at  least  four  thousand  five  hundred  dollars,  ivhich  shall  not  be  in- 
creased or  diminished  during  his  term  of  office. 

Sec.  3.  The  Supreme  Court  shail  have  appellate  jurisdiction 
only,  whicli  shall  be  co-extensive  with  the  limits  of  the  State;  hut 
in  criminal  cases,  beloio  the  grade  of  felony,  and  in  appeals  from 
interlocutory  judgments,  with  such  exceptions  and  under  such 
regulations  as  the  Legislature  shall  make.  The  Supreme  Court, 
and  the  Judges  thereof,  shall  have  power  to  issue  the  writ  of  habeas 
corpus;  and  under  such  regulations  as  may  be  prescribed  by  law, 
the  said  Court  and  the  Judges  thereof,  may  issue  the  writ  of  man- 
damus, and  such  other  writs  as  may  be  necessary  to  enforce  its 
own  jurisdiction.  The  Supreme  Court  shall  also  have  power,  upon 
affidavits,  or  otherwise  as  by  the  Court  may  be  thought  proper,  to 
ascertain  such  matters  of  fact  as  may  be  necessary  to  the  proper  exer- 
cise of  its  jurisdiction.  llie  Supreme  Court  shall  sit.  for  the  trans- 
action of  business,  from  the  first  Monday  of  October  until  the  last  Sat- 
urday of  June  of  every  year,  at  the  Capital,  and  at  not  more  than  two 
other  places  in  the  State. 

Sec.  1.  The  Supreme  Court  shall  appoint  its  own  clerks,  ivho 
shall  give  bond  in  such  manner  os  is  note,  or  may  hereafter  be  required 
by  law;  shall  hold  their  offices  for  four  years;  and  shall  be  subject  to 
removal  by  the  said  Court,  for  good  cause,  entered  of  record  on  the 
minutes  of  said  Court. 

Sec.  5.  The  State  shall  be  divided  into  convenient  Judicial  Dis- 
tricts. For  each  District  there  shall  be  elected  by  the  qualified 
voters  thereof,  at  a general  election  for  State  or  County  officers,  a J udge 
who  shall  reside  in  the  same;  shall  hold  his  office  for  the  term  of 
eight  years;  shall  receive  an  annual  salary  of  not  less  than  three  thou- 


gh—\ol.  5. 


( 855) 


12 


Constitution  of  the  State  of  Texas. 


sand  iioe  hundred  dollars.,  which  shall  not  be  increased  or  diminished 
during  his  term  of  service,  and  shall  hold  the  Courts  at  one  place  in 
each  County  in  the  District,  at  least  twice  in  each  year,  in  such 
manner  as  may  be  prescribed  by  law. 

Sec.  6.  The  District  Court  shall  have  original  jurisdiction  of  all 
criminal  cases;  of  all  suits  in  behalf  of  the  State  to  recover  penalties, 
forfeitures  and  escheats;  of  all  cases  of  divorce;  of  all  suits  to  re- 
cover damages  for  slander  or  defamation  of  character;  of  all  suits  for 
the  trial  of  title  to  land;  of  all  suits  for  the  enforcement  of  liens;  of  all 
suits  for  the  trial  of  the  right  of  property,  levied  on  by  virtue  of  any 
writ  of  execution,  se  questraiion,  or  attachment,  when  the  property 
levied  on  shall  be  equal  to,  or  exceed  in  value  one  hundred  dollars; 
and  of  all  suits,  complaints  or  pleas  whatever,  without  regard  to 
any  distinction  between  law  and  equity,  when  the  matter  in  contro- 
versy shall  be  valued  at,  or  amount  to,  one  hundred  dollars,  exclu- 
sive of  interest;  and  the  said  Courts  and  the  Judges  thereof,  shall 
have  power  to  issue  wrtfs  of  injunction,  certiorari,  and  all  other  writs 
necessary  to  enforce  their  own  jurisdiction,  and  to  give  them  a 
general  superintendence  and  control  over  inferior  tribunals.  The 
District  Courts  shall  have  appellate  jurisdiction  in  cases  originating 
in  inferior  Courts,  which  may  be  final  in  such  cases  as  the  Legislature 
may  prescribe;  and  original  and  appellate  jurisdiction  and  general 
control  over  the  County  Court  established  in  each  county,  for  appoint- 
ing guardians , granting  letters  testamentary  and  of  administration; 
for  settling  the  accounts  of  executors,  administrators  and  guardians, 
and  for  the  transaction  of  business  appertaining  to  estates;  and  orig- 
inal jurisdiction  and  general  control  over  executors,  administrators, 
guardians  and  minors,  under  such  regulations  as  may  be  prescribed 
by  law. 

Sec.  7.  There  shall  l)e  a Clerk  of  the  District  Court  for  each 
county,  who  shall  be  elected  by  the  qualified  voters  for  members  of 
the  Legislature,  and  who  shall  hold  his  office  for  four  years,  subject 
to  removal  by  information  or  by  indictment  of  a grand  juiy,  and 
conviction  by  a petit  jury.  In  case  of  vacancy,  the  Judge  of  the 
District  Court  shall  have  the  power  to  appoint  a Clerk,  until  a 
regular  election  can  be  held. 

Sec.  8.  In  the  trial  of  all  causes  in  equity  in  the  District  Courts, 
the  plaintiff  or  defendant  shall,  upon  application  made  in  open 
Court,  have  the  right  of  trial  by  jur}',  to  he  governed  by  the  rules 
and  regulations  prescribed  in  trials  at  law. 

Sec.  9.  All  Judges  of  the  Supreme  and  District  Courts  shall,  by 
virtue  of  their  'offices,  be  conservators  of  the  peace  throughout  the 


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ConstUution  of  the  State  of  Texas. 


13 


State.  The  style  of  all  writs  and  process  shall  be  ^^The  State  of 
Texas.”  All  prosecutions  shall  he  carried  on  in  the  name  and  by 
the  authority  of  the  ^^State  of  Texas,”  and  conclude  ^^against  the 
peace  and  dignity  of  the  State.” 

Sec.  10.  In  the  case  of  a vacancy  in  the  offices  of  Justice  of  the 
Supreme  Court,  Judges  of  the  District  Court,  Attorney -Genet' at,  and 
District  Attorneys.,  the  Governor  of  the  State  shall  have  power  to  fill 
the  same  by  appointment,  which  shall  continue  in  force  until  the  office 
can  he  filled  at  the  next  general  election  for  State  or  county  officers^  and 
the  successor  duly  qualified. 

S'CC.  11.  The  Judges  of  the  Supreme  and  District  Courts  shall 
be  removed  by  the  Dovemor,  on  the  address  of  two-thirds  of  each 
House  of  the  Legislature,  for  wilful  neglect  of  duty,  or  other  rea- 
sonaible  cause,  which  shall  not  he  sufficient  ground  for  impeach- 
ment; Provided,  however,  That  the  cause,  or  causes,  for  which  such 
rem'oval  shall  be  required,  shall  he  stated,  at  length,  in  such  ad- 
dress, and  entered  on  the  journals  of  each  House;  And  provided 
further.  That  the  cause  or  causes  shall  he  notified  to  the  Judge  so 
intended  to  be  removed;  and  he  shall  be  admitted  to  a hearing  in 
his  own  defence,  before  any  vote  for  such  address  shall  pass.  And 
in  all  such  cases,  the  vote  shall  be  taken  by  yeas  and  nays,  and  en- 
tered on  the  journals  of  each  House  respectively. 

Sec.  12.  Ho  Judge  shall  sit  in  any  case  wherein  he  may  be  in- 
terested, or  where  either  of  the  parties  may  be  connected  with  him 
by  affinity  or  consanguinity,  within  such  degrees  as  may  be  described 
by  law,  or  where  he  shall  have  been  of  counsel  in  the  case.  When 
the  Supreme  Court,  or  any  three  of  its  members,  shall  be  thus  dis- 
qualified to  hear  and  determine  any  case  or  cases,  in  said  Court,  or 
when  no  judgment  can  be  rendered  in  any  case  or  cases  in  said 
Court,  by  reason  of  the  equal  division  of  opinion  of  said  Judges, 
the  same  shall  be  certified  to  the  G-overnor  of  the  State,  who  shall 
immediately  commission  the  requisite  number  of  persons,  learned 
in  the  law,  for  the  trial  and  determination  of  said  case  or  cases. 
When  a Judge  of  the  District  Court  is  thus  disqualified,  the  par- 
ties may,  by  consent,  appoint  a proper  person  to  try  the  said  case; 
or,  upon  their  failing  to  do  so,  a competent  person  shall  he  appointed 
to  try  the  same  in  the  county  where  it  is  pending,  in  such  manner  as 
may  he  prescribed  by  law.  And  the  District  Judges  may  exchange 
districts,  or  hold  Courts  for  each  other,  when  they  may  deem  it 
expedient,  and  shall  do  so  when  directed  by  law.  The  disqualifica- 
tion of  Judges  of  inferior  tribunals  shall  be  remedied,  and  vacan- 
cies in  their  offices  shall  he  filed  as  prescribed  by  law. 


(867) 


14 


Constitution  of  the  State  of  Texas. 


Sec.  lo.  An  Attorney-CTeneral  shall  be  elected  by  the  people, 
who  shall  reside  at  the  Capital  of  the  State  during  his  continuance  in 
ofice.,  IV hose  duties  shall  be  prescribed  by  law.,  who  shall  hold  his  office 
for  Jour  years,  and  who,  in  addition  to  perquisites,  shall  receive  an 
annual  salary  of  three  thousand  dollar s.^  which  shall  not  be  increased 
or  diminished  during  his  term  of  office. 

Sec.  14.  There  shall  be  a District  Attorney  for  each  Judicial  Dis- 
trict in  the  State,  elected  the  qualified  electors  of  the  District,  who 
shall  reside  in  the  District  for  which  he  shall  be  elected;  shall 
hold  his  office  for  four  years;  and,  together  with  the  perquisites  pre- 
scribed by  laiv,  shall  receive  an  annual  salary  of  one  thousand  dol- 
lars, ivhich  shall  not  be  increased  or  diminished  during  his  term  of 
office. 

Sec.  15.  There  shall  be  established  in  each  county  in  the  State,  an 
inferior  tribunal,  styled  the  County  Court;  and  there  shall  be  elected 
by  the  persons  in  each  county,  who  are  qualified  to  vote  for  members  of 
the  Legislature,  a Judge  of  the  County  Court,  ivho  shall  be  a con- 
servator of  the  peace,  who  shall  hold  his  office  for  four  years,  and  ivho 
shall  receive  such  compensation  as  may  be  prescribed  by  laiv,  and  who 
may  be  removed  from  office  for  neglect  of  duty,  incompetency  or  mal- 
feasance, in  such  manner  as  may  be  prescribed  by  laiv. 

Sec.  16.  The  County  Court  shall  have  jurisdiction  of  all  misde- 
meanors and  petty  offences,  as  the  same  are  now,  or  may  hereafter  be 
defined  by  law;  of  such  civil  cases,  where  the  matter  in  controversy 
shall  not  exceed  five  hundred  dollars,  exclusive  of  interest,  under  such 
regulations,  limitations  and  restrictions  as  may  be  prescribed  by  law, 
without  regard  to  any  distinction  between  law  and  equity;  to  probate 
wills,  to  appoint  guardians  of  minors,  idiots,  lunatics  and  persons 
non  compos  mentis;  to  grant  letters  testamentary  and  of  administra- 
tion; to  settle  the  accounts  of  executors,  administrators  and  guardians; 
to  transact  all  business  appertaining  to  the  estates  of  deceased  persons, 
minors,  idiots,  lunatics,  and  persons  non  compos  mentis,  including  the 
settlement,  partition  and  distribution  of  such  estates;  and  to  apprentice 
minors  under  such  regulations  as  may  be  prescribed  by  law.  One 
term  of  the  County  Court  shall  be  held  in  each  county  at  least  once  in 
every  two  months;  and  the  Legislature  may  provide  J'or  the  appoint- 
ment of  a County  Attorney  to  represent  the  State  and  county  in  said 
court,  whose  term  of  office,  duties  and  compensation  shall  be  such  as 
may  be  prescribed  by  laiv. 

Sec.  17.  There  shall  be  elected  in  each  county  in  the  State,  by  the 


( 868  ) 


Constitution  of  the  State  of  Texas. 


15 


persons  qualified  to  vote  for  member's  of  the  Legislature.^  four  County 
Commissioners,  ivhose  term  of  office  shall  be  four  years,  who^  with  the 
Judge  of  the  County  Court.,  shall  constitute',  and  be  styled,  the  Police 
Court  for  the  County,  whose  powers,  duties  and  mode  of  action,  in 
regulating , promoting  and  protecting  the  public  interest  relating  to  the 
county,  shall  be  the  same  as  that  now  prescribed  by  law,  for  the  Com- 
missioners Court  of  Roads  and  Revenue,  until  otherwise  provided  for 
and  regulated  by  the  Legislature. 

Sec.  18.  There  shall  be  elected  for  each  county,  by  the  qualified 
voters,  a County  Clerk,  who  shall  hold  his  office  for  four  years,  who 
shall  be  the  Clerk  of  the  County  and  Police  Courts,  whose  duties  and 
perquisites,  and  fees  of  ofice  shall  be  prescribed  by  the  Legislature, 
and  a vacancy  in  ivhose  office  shall  be  filled  by  the  Judge  of  the  County 
Court,  until  the  next  general  election  for  County  or  State  officers,  who 
may  be  removed  from  office  for  such  cause,  and  in  such  manner,  as 
may  be  prescribed  by  law. 

Sec.  19.  There  shall  be  elected  a convenient  number  of  Justices  of 
the  Peojce,  ivho  shall  have  such  civil  and  criminal  jurisdiction  as  shall 
be  provided  by  law,  where  the  matter  in  controversy,  shall  not  exceed, 
in  value,  one  hundred  dollars,  exclusive  of  interest;  also,  one  Sheriff, 
one  Coroner,  and  a sufficient  number  of  Constables,  who  shall  hold 
their  offices  for  four  years,  to  be  elected  by  the  qualified  voters 
of  the  district,  or  county,  as  the  Legislature  may  direct.  Justices 
of  the  Peace,  Sheriffs  and  Coroners,  shall  be  commissioned  by  the 
Governor.  The  Sheriffs  shall  not  be  eligible  more  than  eight  years 
in  every  twelve. 

Sec.  20.  In  all  cases  of  law  or  equity,  where  the  matter  in  contro- 
versy shall  be  valued  at,  or  exceed  twenty  dollars,  the  right  of  trial  by 
jury  shall  be  preserved. 

ARTICLE  V. — Executive  Department. 

Section  1.  The  supreme  executive  power  of  this  State  shall  be 
vested  in  the  Chief  Magistrate,  who  shall  be  styled  the  Governor 
of  the  State  of  Texas. 

See.  2.  The  Governor  shall  be  elected  by  the  qualified  electors 
of  the  State,  at  the  time  and  places  of  election  for  members  of  t'he 
Legislature. 

Sec.  3.  The  returns  of  every  election  for  Governor,  until  other- 
wise provided  by  law,  shall  be  made  out,  sealed  up,  and  transmitted 
to  the  seat  of  Government,  and  directed  to  the  Speaker  of  the  House 
of  Representatives,  who  shall,  during  the  first  week  of  the  session 


(869) 


16 


Constitution  of  the  State  of  Texas. 


of  the  Legislature  thereafter,  open  and  publish  them  in  the  pres- 
ence of  both  Houses  of  the  Legislature;  the  person  having  the 
highest  number  of  votes,  and  being  constitutionally  eligible,  shall 
be  declared,  by  the  Speaker,  under  the  direction  of  the  Legislature, 
to  be  Governor;  but  if  two  or  more  persons  shall  have  the  highest, 
and  an  equal  number  of  votes,  one  of  them  shall  be  immediately 
chosen  Governor,  by  joint  vote  of  both  Houses  of  the  Legislature. 
Contested  elections  for  Governor  shall  be  determined  by  both 
Houses  of  the  Legislature. 

Sec.  4.  The  Governor  shall  hold  his  office  for  the  term  of  four 
years  from  the  regular  time  of  installation,  and  until  his  successor 
shall  be  duly  qualified;  but  shall  not  be  eligible  for  more  than  eight 
years  in  any  term  of  twelve  years;  he  shall  be  at  least  thirty  years 
of  age,  shall  be  a citizen  of  the  United  States,  or  a citizen  of  the 
State  of  Texas  at  the  time  of  the  adoption  of  this  Constitution,  and 
shall  have  resided  in  the  same  six  years  immediately  preceding  his 
election,  and  shall  be  inaugurated  on  the  first  Thursday  after  the 
organization  of  the  Legislature.,  or  as  soon  thereafter  as  practicable. 

Sec.  5.  He  shall,  at  stated  times,  receive  a compensation  for  his 
services,  which  shall  not  be  increased  or  diminished  during  the 
term  for  which  he  may  have  been  elected.  He  shall  receive  an  an- 
nual salary  of  four  thousand  dollars.,  until  otherwise  provided  by  law. 

Sec.  6.  The  Governor  shall  be  commander-in-chief  of  the  army 
and  navy  of  this  State,  and  of  the  militia,  except  when  they  shall 
be  called  into  the  service  of  the  United  States. 

Sec.  7.  He  may  require  information  in  writing  from  the  officers 
of  the  Executive  Department,  on  any  subject  relating  to  the  duties 
of  their  respective  offices. 

Sec.  8.  He  may,  by  proclamation,  on  extraordinary  occasions, 
convene  the  Legislature  at  the  seat  of  government,  or  at  a different 
place,  if  that  should  be  dangerous  by  reason  of  disease  or  the  public 
enemy.  In  case  of  disagreement  between  the  two  Houses,  with 
respect  to  adjournment,  he  may  adjourn  them  to  such  time  as  he 
shall  think  proper,  not  beyond  the  day  of  the  next  regular  meeting 
of  the  Legislature. 

Sec.  9.  He  shall,  from  time  to  time,  give  to  the  Legislature  in- 
formation, in  writing,  of  the  state  of  the  Government,  and  recom- 
mend to  their  consideration  such  measures  as  he  may  deem  ex- 
pedient. 

Sec.  10.  He  shall  take  care  that  the  laws  be  faithfully  executed. 


(870) 


Constitution  of  the  State  of  Texas. 


17 


Sec.  11.  In  all  criminal  cases,  except  in  those  of  treason  and  im- 
peachment, he  shall  have  power,  after  conviction,  to  grant  reprieves 
and  pardons;  and,  under  such  rules  as  the  Legislature  may  pre- 
scribe, he  shall  have  power  to  remit  tines  and  forfeitures.  In  cases 
of  treason,  he  shall  have  power,  by  and  with  the  advice  and  consent 
of  the  Senate,  to  grant  reprieves  and  pardons;  and  he  may,  in  the 
recess  of  the  Senate,  respite  the  sentence  until  the  end  of  the  next 
session  of  the  Legislature. 

Sec.  12.  There  shall  also  be  a Lieutenant  Governor,  who  shall 
be  chosen  at  every  election  for  Governor,  by  the  same  persons,  and 
in  the  same  manner,  continue  in  office  for  the  same  time,  and  pos- 
sess the  same  qualifications.  In  voting  for  Governor  and  Lieuten- 
ant Governor,  the  electors  shall  distinguish  for  whom  they  vote  as 
Governor,  and  for  whom  as  Lieutenant  Governor.  The  Lieuten- 
ant-Governor shall,  by  virtue  of  his  office,  be  President  of  the 
Senate,  and  have,  when  in  committee  of  the  whole,  a right  to  de- 
bate and  vote  on  all  questions,  and  when  the  Senate  is  equally  di- 
vided, to  give  the  casting  vote.  In  ease  of  the  death,  resignation, 
removal  from  office,  inability  or  refusal  of  the  Governor  to  serve,  or 
of  his  impeachment  or  absence  from  the  State,  the  Lieutenant-Gov- 
ernor shall  exercise  the  powers  and  authority  appertaining  to  the 
office  of  Governor,  until  another  be  chosen  at  the  periodical  elec- 
tion, and  be  duly  qualified,  or  until  the  Governor  impeached,  ab- 
sent or  disabled,  shall  be  acquitted,  return,  or  his  disability  be  re- 
moved. 

Sec.  13.  Whenever  the  Government  shall  be  administered  by 
the  Lieutenant  Governor,  or  he  shall  be  unable  to  attend  as  Presi- 
dent of  the  Senate,  the  Senate  shall  elect  one  of  their  own  mem- 
bers as  President  for  the  time  being.  And  if,  during  the  vacancy 
of  the  office  of  Governor,  the  Lieutenant  Governor  shall  die,  re- 
sign, refuse  to  serve,  or  be  removed  from  office,  or  be  unable  to 
serve,  or  if  he  shall  be  impeached  or  absent  from  the  State,  the 
President  of  the  Senate,  for  the  time  being,  shall  in  like  manner  ad- 
minister the  government  until  he  shall  be  superceded  by  a Governor 
or  Lieutenant  Governor.  The  Lieutenant  Governor  shall,  whilst 
he  acts  as  President  of  (the)  Senate,  receive  for  his  services  the 
same  compensation  which  shall  be  allowed  to  the  Speaker  of  the 
House  of  Eepresentatives,  and  no  more;  and  during  the  time  he  ad- 
ministers the  Government  as  Governor,  shall  receive  the  same  com- 
pensation which  the  Governor  would  have  received  had  he  been 
employed  in  the  duties  of  his  office,  and  no  more.  The  President 
for  the  time  being  of  the  Senate  shall,  during  the  time  he  adminis- 
ters the  government,  receive  in  like  manner  the  same  compensa- 
tion which  the  Governor  would  have  received  had  he  been  employed 


(871) 


18 


Constitution  of  the  State  of  Texas. 


in  the  duties  of  his  office.  If  the  Lieutenant  (Governor  shall  be  re- 
quired to  administer  the  government,  and  shall,  whilst  in  such  ad- 
ministration die,  resign,  or  be  absent  from  the  State,  during  the 
recess  of  the  Legislature,  it  shall  be  the  duty  of  the  Secretary  of 
State  to  convene  the  Senate,  for  the  purpose  of  choosing  a President 
for  the  time  being. 

Sec.  14.  There  vshall  be  a seal  of  the  State,  which  shall  be  kept 
by  the  Governor  and  used  by  him  ofhcially.  The  said  seal  shall  be 
a star  of  five  points,  encircled  by  an  olive  and  live  oak  branches, 
and  the  words  ^'The  State  of  Texas.^’ 

Sec.  15.  All  commissions  shall  be  in  the  name  and  by  the  au- 
thority of  the  State  of  Texas,  be  sealed  with  the  State  Seal,  signed 
by  the  Cxovernor,  and  attested  by  the  Secretary  of  State. 

Sec.  16.  There  shall  be  a Secretary  of  State,  who  shall  be  ap- 
pointed by  the  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  and  shall  continue  in  office  during  the  term  of  service 
of  the  Governor  elect.  He  shall  keep  a fair  register  of  all  official 
acts  and  proceedings  of  the  Governor,  and  shall,  when  required,  lay 
the  same,  and  all  papers,  minutes  and  vouchers  relative  thereto,  be- 
fore the  legislature,  or  either  House  thereof,  and  shall  perfonn  such 
other  duties  as  may  be  required  of  him  by  law. 

Sec.  17.  Every  bill  which  shall  have  passed  both  Houses  of  the 
Legislature,  shall  he  presented  to  the  Governor:  if  he  approve,  he 
shall  sign  it;  but  if  not,  he  shall  return  it  with  his  objections  to  the 
House  in  which  it  shall  have  originated,  who  shall  enter  the  ob- 
jections at  large  upon  the  journals,  and  proceed  to  reconsider  it.  If, 
alter  such  consideration,  two-thirds  of  the  members  present  shall 
agree  to  pass  the  bill,  it  shall  be  sent  with  the  objections,  to  the 
other  House,  by  which  it  shall  likewise  be  reconsidered.  If  ap- 
proved by  two-thirds  of  the  members  present  of  that  House,  it  Shall 
become  a law;  but  in  such  cases,  the  votes  of  both  Houses  shall  be 
determined  by  yeas  and  nays,  and  the  names  of  the  members  voting 
for  or  against  the  bill  shall  be  entered  on  the  journals  of  each 
House,  respectively;  if  any  bill  shall  not  be  returned  by  the  Gov- 
ernor within  five  days,  Sundays  excepted,  after  it  shall  have  been 
presented  to  him,  the  same  shall  be  a law,  in  like  manner  as  if  he 
had  signed  it.  Every  l>ill  presented  to  the  Governor  one  day  pre- 
vious to  the  adjournment  of  the  Legislature,  and  not  returned  to 
the  House  in  which  it  originated  before  its  adjournment,  shall  be- 
come a law,  and  have  the  same  force  and  effect  as  if  signed  by  the 
Governor.  The  Governor  may  approve  any  appropriation^  and  dis- 


(872) 


Constitution  of  the  State  of  Texas. 


19 


approve  any  other  appropriation  in  the  same  hill.  In  such  case.,  he 
shall,  in  signing  the  bill,  designate  the  appropriations  disapproved, 
and  shall  return  a copy  of  such  appropriations,  with  his  objections,  to 
the  House  in  which  the  bill  shall  have  originated;  and  the  same  pro- 
ceedings shall  then  be  had  as  in  the  case  of  other  bills  disapproved  by 
the  Governor;  but  if  the  Legislatnre  has  adjourned  before  the  bill  is 
returned  to  the  House,  he  shall  return  the  same  to  the  Secretary  of 
State,  with  his  objections,  and  also  to  the  next  ssssion  of  the  Legisla- 
ture. 

Sec.  18.  Every  order,  resolution,  or  vote,  to  which  the  concur- 
rence of  both  Houses  of  the  Legislature  may  he  necessary,  except 
on  questions  of  adjournment,  shall  be  presented  to  the  Governor, 
and  before  it  shall  take  effect,  be  approved  by  him,  or,  being  dis- 
approved, shall  be  repassed  by  both  Houses  according  to  the  rules 
and  limitations  prescribed  in  the  case  of  a bill. 

Sec.  19.  The  Governor,  by  and  with  the  advice  and  consent  of 
two-thirds  of  the  Senate,  shall  appoint  a convenient  number  of 
Notaries  Public,  not  exceeding  six  for  each  county;  who,  in  addi- 
tion to  such  duties  as  are  prescribed  by  law,  shall  discharge  such 
other  duties  as  the  Legislature  may  from  time  to  time  prescribe. 

Sec.  20.  Nominations  to  fdl  all  vacancies  that  may  have  oc- 
curred during  the  recess,  shall  be  made  to  the  Senate  during  the 
first  ten  days  of  its  session.  And  should  any  nomination  so  made 
be  rejected,  the  same  individual  shall  not  again  be  nominated  dur- 
ing the  session  to  fill  the  same  office;  and  should  the  Governor  fail 
to  make  nominations  to  fill  any  vacancy  during  the  session  of  the 
Senate,  such  vacancy  shall  not  be  filled  by  the  Governor  until  the 
next  meeting  of  the  Senate. 

Sec.  21.  The  Governor  shall  reside  during  the  session  of  the 
Legislature  at  the  place  where  the  session  may  be  held,  and  at  all 
other  times  wherever,  in  their  opinion,  the  public  good  may  re- 
quire. 

Sec.  22.  No  person  holding  the  office  of  Governor  shall  hold 
any  other  office  or  commission,  civil  or  military. 

Sec.  23.  There  shall  be  elected  by  the  qualified  electors  of  this 
State,  in  the  manner  prescribed  by  law,  a Comptroller  of  Public  Ac- 
counts and  a State  Treasurer,  each  of  whom  shall  hold  his  office  for 
the  term  of  four  years;  and  in  case  of  a vacancy  in  either  of  said 
offices,  the  Governor  shall  have  power  to  fill  the  same  by  appointment, 
ivhich  shall  continue  in  force  until  the  office  can  be  jilled  at  the  next 
general  election  for  State  and  county  officers,  and  the  successor  duly 
qualified. 


(873  ) 


20 


Constitution  of  the  State  of  Texas. 


AKTICLE  VI.— Militia. 

Section  1.  The  Legislature  shall  provide  by  law  for  organizing 
and  disciplining  the  militia  of  the  State,  in  such  manner  as  they 
shall  deem  expedient,  not  incompatihle  with  the  Constitution  and 
laws  of  the  United  States  in  relation  thereto. 

Sec.  2.  Any  person  who  conscientiously  scruples  to  bear  arms 
shall  not  be  compelled  to  do  so,  but  shall  pa}''  an  equivalent  for  per- 
sonal service. 

Sec.  3.  No  licensed  Minister  of  the  Gospel  shall  be  required  to 
perform  military  duty,  work  on  roads,  or  serve  on  juries  in  this 
State. 

Sec.  4.  The  Governor  shall  have  power  to  call  forth  the  militia 
to  execute  the  laws  of  the  State,  to  suppress  insurrections  and  to 
repel  invasion. 

ARTICLE  VII. — General  Provisions. 

Section  1.  Members  of  the  Legislature,  and  all  officers,  before 
they  enter  upon  the  duties  of  their  offices,  shall  take  the  following 
oath  or  affirmation:  ^T,  (A.  B.,)  do  solemnly  swear  (or  affirm)  that 
I will  faithfully  and  impartially  discharge  and  perform  all  the 

duties  incumbent  on  me  as , according  to  the  best  of  my 

skill  and  ability,  agreeably  to  the  Constitution  and  laws  of  the 
United  States  and  of  this  State;  and  I do  further  solemnly  swear 
(or  affirm)  that,  since  the  adoption  of  this  Constitution  by  the  Con- 
gress of  the  United  States,  I,  being  a citizen  of  this  State,  have  not 
fought  a duel  witii  deadly  weapons,  within  this  State  nor  out  of  it, 
nor  have  I sent  or  accepted  a challenge  to  fight  a duel  with  deadly 
weapons,  nor  have  I acted  as  second  in  carrying  a challenge,  or 
aided,  advised  or  assisted,  anv  person  thus  offending — so  help  me 
God.’^ 

Sec.  2.  Treason  against  this  State  shall  consist  only  in  levying 
war  against  it,  or  in  adhering  to  its  enemies — giving  them  aid  and 
comfort;  and  no  person  shah  he  convicted  of  treason  unless  on  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or  his  own  confes- 
sion in  open  Court. 

Sec.  3.  Every  person  shall  be  disqualified  from  holding  any 
office  of  trust  or  profit  in  this  State,  who  shall  have  been  convicted 
of  having  given  or  offered  a bribe  to  procure  his  election  or  ap- 
pointment. 

See.  4.  Laws  shall  be  made  to  exclude  from  office,  serving  on 
juries,  and  from  the  right  of  suffrage,  those  who  shall  hereafter  be 
convicted  of  bribery,  perjury,  forgery,  or  other  high  crimes.  The 


(874) 


Constitution  of  the  State  of  Texas. 


21 


privilege  of  free  suifrage  shall  be  supported  by  laws  regulating 
elections,  and  prohibiting,  under  adequate  penalties  all  undue  in- 
fluence thereon  from  power,  bribery,  tumult,  or  other  improper 
practice. 

Sec.  5.  Any  citizen  of  this  State  who  shall,  after  the  adoption  of 
this  Constitution,  fight  a duel  with  deadly  weapons,  or  send  or  ac- 
cept a challenge  to  fight  a duel  with  deadly  weapons,  either  within 
the  State  or  out  of  it,  or  who  shall  act  as  second,  or  knowingly  aid 
and  assist  in  any  manner,  those  thus  offending,  shall  be  deprived 
of  holding  any  ofifice  of  trust  or  profit  under  this  State. 

Sec.  6.  In  all  elections  by  the  people,  the  vote  shall  be  by  ballot, 
until  the  Legislature  shall  otherwise  direct;  and  in  all  elections  b} 
the  Senate  and  House  of  Eepresentatives,  jointly  or  separately,  the 
vote  shall  be  given  viva  voce,  except  in  the  election  of  their  officers. 

'Sec.  7.  The  Legislature  shall  provide  by  law  for  the  compensa- 
tion of  all  officers,  servants,  agents,  and  public  contractors,  not  pro- 
vided for  by  this  Constitution,  and  shall  not  grant  extra  compensa- 
tion to  any  officer,  agent,  servant,  or  public  contractor,  after  such 
public  service  shall  have  been  performed,  or  contract  entered  into 
for  the  performance  of  the  same;  nor  grant,  by  appropriation,  or 
otherwise,  any  amount  of  money  out  of  the  Treasury  of  the  State, 
to  any  individual  on  a claim,  real  or  pretended,  where  the  same 
shall  not  have  been  provided  for  by  pre-existing  law:  Provided, 
that  nothing  in  this  section  shall  be  so  construed  as  to  effect  the 
claims  of  persons  against  the  Eepublic  of  Texas,  heretofore  exist- 
ing. 

Sec.  8.  Ho  money  shall  be  drawn  from  the  Treasury  but  in  pur- 
suance of  specific  appropriations  made  by  law;  nor  shall  any  appro- 
priation of  money  be  made  for  a longer  term  than  two  years,  except 
for  purposes  of  education;  and  no  appropriation  for  private  or  in- 
dividual purposes,  or  for  purposes  of  internal  improvement,  shall  be 
made,  without  the  concurrence  of  two-thirds  of  both  Houses  of  the 
Legislature.  A regular  statement  and  account  of  the  receipts  and 
expenditures  of  all  public  money  shall  be  published  annually  in 
such  manner  as  shall  be  prescribed  by  law.  And  in  no  case  shall 
the  Legislature  have  the  power  to  issue  ^ffiffeasury  Warrants,^' 
^^Treasury  Hotes,^^  or  paper  of  any  description,  intended  to  circu- 
late as  money. 

Sec.  9.  All  civil  officers  shall  reside  within  the  State;  and  all 
district  or  county  officers,  within  their  district  or  counties;  and 
shall  keep  their  offices  at  such  places  therein  as  may  be  required  by 
law. 


(875) 


22 


Constitution  of  the  State  of  Texas. 


Sec.  10.  The  duration  of  all  offices,  not  fixed  by  this  Constitu- 
tion, shall  never  exceed  four  years,  except  the  office  of  Superintendent 
of  the  Lunatic  Asylum,  or  other  Ayslums  that  may  be  established  by 
law,  who  shall  continue  in  office  during  good  behavior:  provided.,  that 
in  all  cases.,  where  the  Governor  has  the  authority  under  this  Constitu- 
tion, or  laivs  made  in  pursuance  thereof,  to  appoint  to  office,  he  shall 
also  have  poicer  to  remove  from  the  same,  for  malfeasance  in  office, 
neglect  of  duty,  or  other  good  cause:  provided,  that  a statement  of  the 
cause,  shall,  at  the  time  of  removal,  be  furnished  the  party  interested, 
and  a copy  thereof  shall  also  be  recorded  in  the  office  of  the  Secretary 
of  State. 

Sec.  fl.  Al)sence  on  the  business  of  this  State,  or  of  the  United 
States,  shall  not  forfeit  a residence  once  obtained,  so  as  to  deprive 
any  one  of  the  right  of  suffrage,  or  of  being  elected  or  appointed  to 
any  office,  under  the  exceptions  contained  in  this  Constitution. 

Sec.  12.  The  Legislature  shall  have  power  to  provide  for  deduc- 
tions from  the  salaries  of  public  officers,  who  may  neglect  the  per- 
formance of  any  duty  that  may  be  assigned  them  by  law. 

Sec.  13.  No  member  of  Congress,  nor  person  holding  or  exer- 
cising any  office  of  profit  or  trust  under  the  United  States,  or  either 
of  them,  or  under  any  foreign  power,  shall  be  eligible  as  a member 
of  the  Legislature,  or  hold  or  exercise  aiiy  'office  of  profit  or  trusx 
under  this  State. 

Sec.  1-1.  The  Legislature  shall  provide  for  a change  of  venue  in 
civil  and  criminal  cases,  and  for  the  erection  of  a Penitentiary  at 
as  early  a day  as  practicable. 

Sec.  15.  It  shall  be  the  duty  of  the  Legislature  to  pass  such  laws 
as  may  be  necessary  and  proper,  to  decide  differences  by  arbitra- 
tion, when  the  parties  shall  elect  that  mode  ef  trial. 

Sec.  16.  Within  five  years  after  the  adoption  of  this  Constitu- 
tion, the  laws,  civil  and  criminal,  shall  be  revised,  digested,  ar- 
ranged and  published,  in  such  manner  as  the  Legislature  shall 
direct;  and  a like  revision,  digest  and  publication,  shall  be  made 
every  ten  years  thereafter. 

Sec.  17.  No  lottery  shall  be  authorized  by  this  State;  and  the 
buying  or  selling  of  lottery  tickets  within  this  State  is  prohibited. 

'Sec.  18.  No  divorce  shall  be  granted  by  the  Legislature. 

Sec.  19.  All  property,  both  real  and  personal,  of  the  wife,  owned 
or  claimed  by  her  before  marriage,  and  that  acquired  afterwards 
by  gift,  devise,  or  descent,  shall  be  her  separate  property;  and  laws 
shall  be'passed  more  clearly  defining  the  rights  of  the  wife,  in  rela- 


( 876) 


Constitution  of  the  State  of  Texas.  23 

tion  as  well  to  her  separate  property  as  that  held  in  common  with 
her  husband.  Laws  shall  also  be  passed  providing  for  the  registra- 
tion of  the  wife’s  separate  property. 

Sec.  20.  The  rights  of  property  and  of  action,  which  have  been 
acquired  under  the  Constitution  and  laws  of  the  Itepnblic  of  Texas, 
shall  not  be  divested;  nor  shall  any  rights  or  actions,  which  have 
been  divested,  barred,  or  declared  null  and  void,  by  the  Constitu- 
tion and  laws  of  the  Republic  of  Texas,  be  reinvested,  revived,  or 
reinstated,  by  this  Constitution;  but  the  same  shall  remain  pre- 
cisely in  the  situation  which  they  were  before  the  adoi>tion  of  this 
Constitution. 

Sec.  21.  All  claims,  locations,  surveys,  grants  and  titles  to  land, 
which  are  declared  null  and  void  by  the  Constitution  of  the  Repub- 
lic of  Texas,  are,  and  the  same  shall  remain  forever  null  and  void. 

Sec.  22.  The  Legislature  shall  have  power  to  protect  by  law 
from  forced  sale,  a certain  portion  of  the  property  of  all  heads  of 
families.  The  homestead  of  a family  not  to  exceed  two  hundred 
acres  of  land  (not  included  in  a town  or  city)  or  any  town  or  city 
lot  or  lots,  in  value  not  to  exceed  two  thousand  dollars,  shall  not  be 
subject  to  forced  sale  for  any  debts  hereafter  contracted,  nor  shall 
the  owner,  if  a married  man,  be  at  liberty  to  alienate  the  same, 
unless  by  the  consent  of  the  wife,  in  such  manner  as  the  Legisla- 
ture may  hereafter  point  out. 

Sec.  23.  The  Legislature  shall  provide  in  what  cases  officers 
shall  continue  to  perform  the  duties  of  their  offices,  until  their  suc- 
cessors shall  be  duly  qualified. 

Sec.  24.  Every  law  enacted  by  the  Legislature  shall  embrace  but 
one  object,  and  that  shall  be  expressed  in  the  title. 

Sec.  25.  No  law  shall  be  revised  or  amended  by  reference  to  its 
title;  but  in  such  case  the  act  revised,  or  section  amended,  shall  be 
re-enacted  and  published  at  length. 

Sec.  26.  No  person  shall  hold,  or  exercise  at  the  same  time,  more 
than  one  civil  office  of  emolument,  except  that  of  Justice  of  the 
Peace. 

Sec.  27.  Taxation  shall  be  equal  and  uniform  through'out  the’ 
State.  All  property  in  this  State  shall  be  taxed  in  proportion  to  its 
value,  to  be  ascertained  as  directed  by  law,  except  such  property  as 
two-thirds  of  both  Houses  of  the  Legislature  may  think  proper  to 
exempt  from  taxation.  The  Legislature  shall  have  power  to  lay  an 
income  tax,  and  to  tax  all  persons  pursuing  any  occupation,  trade 
or  profession:  Provided  that  the  term  occupation  shall  not  be  con- 
strued to  apply  to  pursuits,  either  agricultural  or  mechanical. 


(877  ) 


24 


Constitution  of  the  State  of  Texas. 


Sec.  28.  The  Legislature  shall  have  power  to  provide  by  law  for 
exem/ption  from  taxation,  two  hundred  and  fifty  dollars’  worth  of 
the  household  furniture  or  other  property  belonging  to  each  family 
in  this  State. 

Sec.  29.  The  Assessor  and  Collector  of  Taxes  shall  be  appointed 
in  such  manner,  and  under  such  regulations,  as  the  Legislature 
may  direct. 

Sec.  30.  No  corporate  body  shall  hereafter  be  created,  renewed, 
or  extended  with  banking  or  discounting  privileges. 

Sec.  31.  No  private  corporation  shall  be  created,  unless  the  bill 
creating  it  shall  be  passed  by  two-thirds  of  both  Houses  of  the  Leg- 
islature; and  two-thirds  of  the  Legislature  shall  have  power  to  re- 
voke and  repeal  all  private  corporations,  by  making  compensation 
for  the  franchise.  And  the  State  shall  not  he  part  owner  of  the 
stock,  or  property,  belonging  to  any  corporation. 

Sec.  32.  The  Legislature  shall  prohibit,  by  law,  individuals  from 
issuing  bills,  checks,  promissory  notes,  or  other  paper  to  circulate 
as  money. 

Sec.  '33.  The  aggregate  amount  of  debts  hereafter  contracted  by 
the  Legislature,  shall  never  exceed  the  sum  of  one  hundred  thou- 
sand dollars,  except  in  case  of  war,  to  repel  invasion,  or  suppress  in- 
surrections. And  in  no  case  shall  any  amount  be  borrowed,  except 
by  a vote  of  two-thirds  of  both  Houses  of  the  Legislature. 

Sec.  34.  The  Legislature  may,  from  time  to  time,  establish  new 
counties  for  the  convenience  of  the  inhabitants  of  such  new  county 
or  counties:  Provided  that  no  new  county  shall  be  established  which 
shall  reduce  the  county  or  counties,  or  either  of  them,  from  which 
it  shall  be  taken,  to  a less  area  than  nine  hundred  square  miles,  un- 
less by  consent  of  two-thirds  of  the  Legislature,  nor  shall  any  county 
be  organized  of  less  contents:  Provided,  further,  that  all  counties 
heretofore  created  are  hereby  declared  to  he  legally  constituted  counties. 
Every  new'  eounty,  as  to  the  right  of  suffrage  and  representation, 
shall  be  considered  as  part  of  the  county  or  counties  from  which  it 
was  taken,  until  the  next  apportionment  of  representation  thereafter: 
‘Provided,  also,  that  no  neiv  county  shall  he  laid  off,  when  less  than 
one  hundred  and  tiventy  qualified  jurors  are  at  the  time  resident 
therein. 

Sec.  35.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  the 
house,  or  wfithin  the  enclosure  of  any  individual  wuthout  the  con- 
sent of  the  owmer,  nor  in  time  of  war,  but  in  a manner  prescribed 
by  law. 

Sec.  36.  A well  regulated  system  of  internal  improvements  is  cal- 


(878) 


Constitution  of  the  State  of  Texas.  25 

culated  to  develop  the  resources  of  the  State,  and  promote  the  happi- 
ness and  prosperity  of  her  citizens.  Therefore,  the  Legislature  shall 
have  poiver,  and  it  shall  be  its  duty  to  encourage  the  same;  arid  the 
Legislature  shall  have  poiver  to  guarantee  the  bonds  of  railroad  com- 
panies, to  any  amount  not  exceeding,  in  any  case,  the  sum  of  fifteen 
thousand  dollars  per  mile;  provided  that  in  no  case  shall  the  State 
guarantee  the  payment  of  the  bonds  of  any  railroad  company,  until 
such  company  shall  have  previously  graded  and  prepared  at  least 
twenty-five  miles  of  its  roadway,  ready  to  lay  the  iron  rails  thereon, 
and  so  on  continuously,  on  each  additional  section  of  ten  miles,  so 
graded  and  prepared,  after  the  preceding  section  has  been  finished  and 
in  operation,  until  the  whole  road  shall  be  completed;  further  pro- 
vided, that  the  Legislature  shall  require  that  the  company,  or  com- 
panies, ivhich  receive  aid  from  the  State,  shall  use  the  same  exclusively 
for  the  purchase  of  iron  rails,  fastenings  and  rolling  stock,  and  plac- 
ing the  same  upon  the  road,  and  upon  the  failure  to  do  so,  shall  for- 
feit all  their  rights  under  this  provision,  together  with  their  property 
and  franchises;  and  it  shall  be  declared  a felony,  for  any  officer,  or 
agent,  of  any  railroad  company  to  misappropriate  any  funds,  granted 
under  the  provisions  of  this  section,  or  any  other  funds  or  property  of 
the  company.  The  State  shall  always  be  secured  for  all  bonds  guar- 
anteed for  any  railroad  company,  by  a first  lien,  or  mortgage,  upon  the 
road,  rolling  stock,  depots  and  franchises  of  the  corporation,  ivhose 
bonds  may  be  guaranteed.  The  Legislature  shall  provide,  by  law,  that 
the  managers  of  the  railroad  companies  shall  make  reports  periodically , 
of  their  acts,  and  the  condition  of  the  corporation  affairs,  which  shall 
be  officially  published  for  public  mformation.  And  in  no  case  shall 
the  State  guarantee  the  bonds  of  railroad  companies,  as  herein  pro- 
vided, except  by  a vote  of  two-thirds  of  both  Houses  of  the  Legislature; 
provided  the  Legislature  shall  have  no  poiver,  directly  or  indirectly,  to 
release  any  railroad  company  from  the  payment  in  specie,  of  the  prin- 
cipal of  interest  of  the  obligations  or  debts  due  to  the  school  fund  or  to 
the  State.  An  Act  entitled  ^^An  act,  supplemental  and  amendatory  of 
an  act,  to  regulate  railroad  companies,  approved  February  1th,  1853,” 
approved  2\st  December,  1857,  be  and  the  same  is  hereby  repealed, 
and  of  no  further  effect;  and  the  franchise  or  corporate  privileges  of 
any  incorporated  company  shall  not  be  sold  under  judgments,  except 
for  the  foreclosure  of  mortgages  or  liens,  created  in  the  manner  pre- 
scribed by  laiv. 

The  Comptroller  of  the  State  is  authorized  to  take  possession  of  any 
railroad,  in  default  of  paying  any  bonds  ivhich  may  be  guaranteed  by 


(879) 


26  Constitution  of  the  State  of  Texas. 

the  State.,  under  such  regulations  as  may  he  prescribed  by  law. 

MODE  or  CALLING  A CONVENTION  AND  AMENDING  THE  CONSTITU- 
TION OF  THIS  STATE. 

Sec.  37.  The  Legislature,  by  a vote  of  three-fourths  of  all  the  mem- 
bers of  each  House,  with  the  approval  of  the  Governor,  shall  have 
power  to  call  a convention  of  the  people,  for  the  purpose  of  altering, 
amending  or  reforming  the  Constitution  of  this  State;  the  manner  of 
electing  delegates  to  the  Convention,  the  time  and  place  of  assembling 
them,  to  he  regulated  by  law. 

Sec.  38.  The  Legislature,  at  any  biennial  session,  by  a vote  of 
two-thirds  of  all  the  members  of  each  House,  may  propose  amendments 
to  the  Constitution,  to  be  voted  upon  by  persons  legally  qualiiied.  to  vote 
for  members  of  the  House  of  Representatives  of  the  State;  which  pro- 
posed amendments  shall  be  duly  published  in  the  public  prints  of  this 
State,  at  least  three  months  before  the  next  general  election  for  repre- 
sentatives to  the  Legislature,  for  the  consideration  of  the  people ; and 
it  shall  be  the  duty  of  the  several  returning  officers,  at  said  general 
election,  to  open  a poll  for,  and  make  returns  to  the  Secretary  of  State, 
of  the  number  of  legal  votes  cast  at  said  election,  for  and  against  said 
amendment,  and  if  more  than  one  be  proposed,  then  the  number  of  legal 
votes  cast  for  and  against  each  of  them  ; and  if  it  shall  appear,  from 
said  returns,  that  a majority  of  the  votes  cast  upon  said  proposed 
amendment,  or  amendments,  have  been  cast  in  favor  of  the  same,  and 
two-thirds  of  each  House  of  the  Legislature,  at  the  next  regular  session 
thereafter,  shall  ratify  said  proposed  amendment,  or  amendments  so 
voted  upon  by  the  people,  the  same  shall  he  valid  to  all  intents  and 
purposes,  as  parts  of  the  Constitution  of  the  State  of  Texas  ; provided 
that  the  said  proposed  amendments  shall,  at  each  of  said  sessions,  have 
been  read  on  three  several  days  in  each  House  of  the  Legislature,  and 
the  vote  thereon  shall  have  been  taken  by  yeas  and  nays;  and,  provided 
provided  further,  that  the  rule  in  the  above  proviso  shall  never  be  sus- 
pended by  either  of  said  Houses. 

Sec.  39.  That  the  State  of  Texas  hereby  releases  to  the  owner  of 
the  soil  all  mines  and  mineral  substances,  that  may  be  on  the  same, 
subject  to  such  uniform  rate  of  taxation,  as  the  Legislature  may  impose. 
All  islands  along  the  Gulf  coast  of  the  State,  not  now  patented,  or 
appropriated  by  locations  under  valid  land  certificates,  are  reserved 


( 880) 


Constitution  of  the  State  of  Texas. 


27 


from  location  or  appropriated  {appropriation)  in  any  other  manim'  by 
private  individuals  than  as  the  Legislature  may  direct. 

AETICLE  VIII. — Feeedmen. 

Section  1.  African  slavery.,  as  it  heretofore  existed,  having  been 
terminated  within  this  State,  by  the  Government  of  the  United  States, 
by  force  of  arms,  and  its  re-establishment  being  prohibited,  by  the 
amendment  to  the  Constitution  of  the  U7iited  States,  it  is  declared  that 
neither  slavery  nor  involuntary  servitude,  except  as  a punishment  for 
crime,  ichereof  the  party  shall  have  been  duly  convicted,  shall  exist  in 
this  State;  and  Africans  and  their  descendants,  shall  be  protected  in 
their  rights  of  person  and  property  by  appropriate  legislation;  they 
shall  have  the  right  to  contract  and  be  contracted  with;  to  sue  and  be  sued; 
to  acquire,  hold  and  transmit  property ; and  all  criminal  prosecutions 
against  them,  shall  be  conducted  in  the  same  manner  as  prosecutions, 
for  like  offences,  against  the  white  race,  and  they  shall  be  subject  to 
like  penalties. 

Sec.  2.  Africans  and  their  descendants  shall  not  be  prohibited,  on 
account  of  their  color  or  race,  from  testifying  orally,  as  witnesses,  in 
any  case,  civil  or  criminal,  involving  the  right  of,  injury  to,  or  crime 
against  any  of  them  in  person  or  property,  under  ihs  same  rules  of 
evidence  that  may  be  applicable  to  the  ivhite  race;  the  credibility  of 
their  testimony  to  be  determined  by  the  court  or  jury  hearing  the  same; 
and  the  Legislature  shall  have  power  to  authorize  them  to  testify  as 
witnesses  m all  other  cases,  under  such  regulations  as  may  be  pre- 
scribed, as  to  facts  hereafter  occurring. 

AETICLte  IX. — Impeachment. 

Section  1.  The  power  of  impeachment  shall  he  vested  in  the 
House  of  Eepresentatives. 

Sec.  2.  Impeachment  of  the  Governor,  Lieutenant  Governor,  At- 
torney General,  Secretary  of  State,  Treasurer,  Comptroller,  and  of 
the  Judges  of  the  District  Court,  shall  be  tried  by  the  Senate. 

Sec.  3.  Impeachments  of  Judges  of  the  Supreme  Court  shall  he 
tried  by  the  Senate.  When  sitting  as  a Court  of  Impeachment,  the 
Senators  shall  he  upon  oath  or  affirmation;  and  no  person  shall  be 
convicted  without  the  concurrence  of  two-thirds  of  the  Senators 
present. 

Sec.  4.  Judgment  in  cases  of  impeachment  shall  extend  only  to 


56— VOL.  Y. 


(881) 


28 


Constitution  of  the  State  of  Texas. 


removal  from  office,  and  disqualification  from  holding  any  office  of 
honor,  trust  or  profit  under  this  State;  but  the  parties  convicted 
shall,  nevertheless,  be  subject  to  indictment,  trial  and  punishment 
according  to  law. 

Seq.  5.  All  officers  against  whom  articles  of  impeachment  may 
be  preferred,  shall  he  suspended  from  the  exercise  of  the  duties  of 
their  office,  during  the  pendency  of  such  impeachment.  The  ap- 
pointing power  may  make  a provisional  appointment  to  fill  the  va- 
cancy occasioned  by  the  suspension  of  an  officer,  until  the  decision 
on  the  impeachment. 

Sec.  6.  The  Legislature  shall  provide  for  the  trial,  punishment 
and  removal  from  office,  of  all  other  officers  of  the  State,  by  indict- 
ment or  otherwise. 


AETICLE  X. — Education. 

Section  1.  A general  diffusion  of  knowledge  being  essential  to 
the  preservation  of  the  rights  and  liberties  of  the  people,  it  shall  be 
the  duty  of  the  Legislature  of  this  State  to  make  suitable  provisions 
for  the  support  and  maintenance  of  public  schools. 

Sec.  2.  The  Legislature  shall,  as  early  as  practicable,  establish 
a system  of  free  schools  throughout  the  State;  and  as  a basis 
for  the  endowment  and  support  of  said  system,  all  the  funds,  lands 
and  other  property  heretofore  set  apart  and  appropriated,  or  that  may 
hereafter  beset  apart  and  appropriated  for  the  support  and  maintenance 
of  public  schools,  shall  constitute  the  public  school  fund;  and  said 
fund,  and  the  income  derived  therefrom,  shall  be  a perpetual  fund  ex- 
clusively for  the  education  of  all  the  white  scholastic  inhabitants  of 
this  State,  and  no  law  shall  ever  be  made  appropriating  said  fund  to 
any  other  use  or  purpose  whatever.  And  until  such  time  as  the  Leg- 
islature shall  provide  for  the  establishment  of  such  system  of  public 
schools  in  the  State,  the  fund  thus  created  and  the  income  derived  there- 
from, shall  remain  as  a charge  against  the  State,  and  be  passed  to  the 
credit  of  the  free  common  school  fund. 

Sec.  3.  And  all  the  alternate  sections  of  land  reserved  by  the  State 
out  of  grants  hen'etofore  made,  or  that  may  hereafter  be  made,  to  rail- 
road companies,  or  other  corporations  of  any  nature  lohatever,  for  in- 
ternal improvements,  or  for  the  development  of  the  wealth  and  resources 
of  the  State,  shall  be  set  apart  as  a part  of  the  perpetual  school  fiend 
of  the  State;  provided,  that  if  at  any  time  hereafter  any  portion  of  the 
public  domain  of  this  State  shall  be  sold,  and  by  virtue  of  said  sale  the 
jurisdiction  over  said  land  shall  be  vested  in  the  United  States  Govern- 


( 882) 


Constitution  of  the  State  of  Texas. 


29 


ment,  in  such  event  one-half  of  the  proceeds  derived  from  said  sale 
shall  become  a part  of  the  perpetual  school  fund  of  the  State;  and  the 
Legislature  shall  hereafter  appropriate  one-half  of  the  proceeds  result- 
ing from  all  sales  of  the  public  lands  to  the  perpetual  public  school 
fund. 

Sec.  4.  The  Legislature  shall  provide^  from  time  to  time ^ for  the 
sale  of  lands  belonging  to  the  perpetual  public  school  fund.,  upon  such 
time  and  terms  as  it  may  deem  expedient;  provided^  that  in  cases  of 
sale  the  perference  shall  be  given  to  actual  settlers;  and.,  provided  fur- 
ther, that  the  Legislature  shall  have  no  power  to  grant  relief  to  pur- 
chasers by  granting  further  time  for  payment,  but  shall  in  all  cases, 
provide  for  the  forfeiture  of  the  land  to  the  State  for  the  benefit  of  a 
perpetual  public  school  fund;  and  that  all  interest  accruing  upon  such 
sales  shall  be  apart  of  the  income  belonging  to  the  school  fund,  and 
subject  to  appropriation  annually  for  educational  purposes . 

Sec.  5.  The  Legislature  shall  have  no poicer  to  appropriate  or  loan 
or  invest,  except  as  follotvs,  any  part  of  the  principal  sum  of  the  per- 
petual school  fund  for  any  purpose  whatever;  and  it  shall  be  the  duty 
of  the  Legislature  to  appropriate  annually  the  income  ivhich  may  be 
derived  from  said  fund,  for  educational  purposes,  under  such  system 
as  it  may  adopt;  and  it  shall,  from  time  to  time,  cause  the  principal 
sum  now  on  hand  and  arising  from  sales  of  land,  or  from  any  other 
source  to  be  invested  in  the  bo7ids  of  the  United  States  of  America,  or 
the  bonds  of  the  State  of  Texas,  or  such  bonds  as  the  State  may  guar- 
antee. ^ 

See.  6.  All  public  lands  which  have  been  heretofore,  or  may  be 
hereafter,  granted  for  public  schools,  to  the  various  counties  or  other 
political  divisions  in  this  State,  shall  be  under  the  control  of  the  Leg- 
islature, and  may  be  sold  on  such  terms  and  under  such  regulations  as 
the  Legislature  shall  by  law  prescribe;  and  the  proceeds  of  the  sale  of 
said  lands  shall  be  added  to  the  perpetual  school  fund  of  the  State. 
But  each  county  shall  receive  the  full  benefit  of  the  interest  ai'ising 
from  the  proceeds  of  the  sale  of  the  lands  granted  to  them  respectively ; 
provided,  that  the  lands  already  patented  to  the  counties,  shall  not  be 
sold  without  the  consent  of  such  county  or  counties  to  which  the  lands 
may  belong. 

Sec.  7.  The  Legislature  may  provide  for  the  levying  of  a tax 
for  educational  purposes;  pi'ovided,  the  taxes  levied  shall  be  dis- 
tributed from  year  to  year,  as  the  same  may  be  collected;  and, 
provided,  that  all  the  sums  arising  from  said  tax  which  may  be 
collected  from  Africans,  or  persons  of  African  descent,  shall  be  exclu- 
sively appropriated  for  the  maintenance  of  a system  of  public  schools 


(883  ) 


30 


Constitution  of  the  State  of  Texas. 


for  Africans  and  their  children;  and  it  shall  he  the  duty  of  the  Legis- 
lature to  encourage  schools  among  these  people. 

Sec.  8.  The  moneys  and  lands  heretofo'^e  granted  to.^  or  which  may 
hereafter  he  granted  for  the  endowment  and  support  of  one  or  more 
universities.,  shall  constitute  a special  fund  for  the  maintenance  of  said 
universities.,  and  until  the  university  or  universities  are  located  and 
commenced.,  the  principal  and  the  interest  arising  from  the  investment 
of  the  principal.,  shall  he  invested  in  like  manner,  and  under  the  same 
restrictions  as  provided  for  the  investment  and  control  of  the  perpetual 
pvhlic  school  fund,  in  Sections  four  and  hve  (4  and  5)  in  this  Article 
of  the  Constitution,  and  the  Legislature  shall  have  no  power  to  appro- 
priate the  university  fund  for  any  other  purpose  than  that  of  the  main- 
tenance of  said  universities ^ and  the  Legislature  shall.,  at  an  early  day., 
make  such  provisions^  hy  law,  as  tvill  organize  and  put  into  operation 
the  university. 

Sec.  9.  The  four  hundred  thousand  acres  of  land  that  have  been 
surveyed  and  set  apart,  under  the  provisions  of  a law  approved  30f/i 
August,  A.  D.  1856,  for  the  benefit  of  a Lunatic  Asylum,  a Deaf  and 
Dumb  Asylum,  a Blind  Asylum,  and  an  Orphan  Asylum,  shall  con- 
stitute a fund  for  the  support  of  such  institutions,  one-fourth  part  for 
each;  and  the  said  fund  shall  never  he  diverted  to  any  other  purpose. 
The  said  lands  may  he  sold.,  and  the  fund  invested  under  the  same 
rules  and  regulations  as  provided  for  the  lands  belonging  to  the  school 
fund.  The  income  of  said  funds  only  shall  he  applied  to  the  support 
of  such  institutions;  and  until  so  applied,  .shall  be  invested  in  the 
same  manner  as  the  principal. 

Sec.  10.  The  Governor,  hy  and  with  the  advice  and  consent  of  tivo- 
thirds  of  the  Senate,  shall  appoint  an  ofiicer  to  be  styled  the  Superin- 
tendent of  Public  Instruction.  His  term  of  office  shall  he  four  years, 
amd  his  annual  salary  shall  not  he  less  than  ($2,000)  two  thousand 
dollars,  payable  at  stated  times;  and  the  Governor,  Comptroller  and 
Superintendent  of  Public  Hducation,  shall  constitute  a Board  to  be 
styled  a Board  of  Education,  and  shall  have  the  general  management 
and  control  of  the  perpetual  school  fund,  and  common  schools,  under 
such  regulations  as  the  Legislature  may  hereafter  preso'ibe. 

Sec.  11.  The  several  counties  in  this  State  wliich  have  not  re- 
ceived their  quantum  of  the  lands  for  the  purposes  of  education, 
shall  be  entitled  to  the  same  quantity  heretofore  appropriated  hy 
the  Congress  of  the  Eepublic  of  Texas,  and  the  State,  to  other  coun- 
ties. And  the  counties  which  have  not  had  the  lands  to  which  they 
are  entitled  for  educational  purposes,  located,  shall  have  the  right  to 


( 884  ) 


Constitution  of  the  State  of  Texas. 


31 


contract  for  the  location.,  surveying  and  procuring  the  patents  for  said 
lands,  and  of  paying  for  the  same  with  any  portion  of  said  lands  so 
patented,  not  to  exceed  one-fourth  of  the  whole  amount  to  he  so  located, 
surveyed  and  patented — to  he  divided  according  to  quality,  allowing  to 
each  part  a fair  proportion  of  land,  water  and  timber . 

ARTICLE  XI. 

Sec.  1.  All  certificates  for  head-right  claims  to  land,  issued  to 
fictitious  persons,  or  which  were  forged,  and  all  locations  and  sur- 
veys thereon,  are,  and  the  same  were  null  and  void  from  the  begin- 
ning. 


ARTICLE  XII. — LAND  OFFICE. 

Sec.  1.  There  shall  be  one  General  Land  Office  in  the  State, 
which  shall  be  at  the  seat  of  Government,  where  all  titles  which 
have  heretofore  emanated,  or  may  hereafter  emanate  from  Govern- 
ment, shall  be  registered;  and  the  Legislature  may  establish  from 
time  to  time  such  subordinate  offices  as  they  may  deem  requisite. 

Done  in  Convention  by  the  Deputies  of  the  people  of  Texas,  at  the 
city  of  Austin,  this  second  day  of  April,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-six.  In  testimony  whereof 
we  have  hereunto  subscribed  our  names. 

J.  W.  THROCKMORTON, 

President  of  the  Convention. 

D.  C.  DICKSON,  President  pro  tern, 

WM.  M.  TAYLOR,  President  pro  tern. 
Attest,  LEIGH  CHALMERS, 

Secretary  of  the  Convention. 

R.  F.  Slaughter,  J.  H.  Parsons,  Edmund  J.  Davis,  P.  C.  Woods, 
T.  N.  Waul,  H.  R.  Runnels,  A.  H.  Phillips,  Isaiah  O^Brien  Rich- 
ardson, A.  W.  Spaight,  George  C.  Benge,  James  E.  Ranch,  A.  B. 
Norton,  0.  M.  Roberts,  J.  W.  Flanagan,  Jack  Davis,  A.  P. 
Shuford,  A.  M.  Gentry,  J.  AV.  Whitfield,  James  W.  Henderson,  F. 
A.  Hill,  J.  M.  Hurt,  Wells  Thompson,  W.  C.  Dalrymple,  F.  J. 
Parker,  Geo.  W.  Jones,  J.  K.  P.  Record,  Geo.  W.  Smith,  A.  Har- 
wood, Jas.  M.  Lindsay,  J.  Lafayette  Camp,  Daniel  Murchison, 

A.  J.  Ball,  J.  L.  Halbert,  H.  W.  Nelson,  W.  P.  Beall,  Benjamin 
R.  Tyns,  B.  T.  Selman,  M.  T.  Johnson,  R.  A.  Reeves,  W.  P. 
Bacon,  R.  H.  Lane,  Wm.  R.  Anderson,  B.  G.  Shields,  James  Shaw, 
Amzi  Bradshaw,  John  K.  Bumpass,  Hardin  Hart,  Grin  Drake,  X. 

B.  Saunders,  J.  S.  Porter,  J.  M.  Young,  W.  B.  Middleton,  H.  P. 
Mabry,  Richard  S.  Walker,  W.  P.  Saufley,  James  M.  Norris,  Ben- 
ton Randolph,  John  Hancock,  William  E.  Jones,  A.  Smith. 


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PROCLAMATION  BY  THE  OOVERNOR, 


ON  THE 

AMENDMENTS  TO  THE  CONSTITUTION 


Whereas^  it  appears  by  the  ofl&cial  returns  in  the  Office  of  the 
Secretary  of  State^  that  at  the  election  held  on  the  fourth  Monday 
in  June,  of  the  present  year,  as  provided  for  by  the  Ordinance  of  the 
Convention  of  Texas,  passed  29th  day  of  March,  1866:  ^Tor  the 
Ratification  of  the  Amendments  to  the  Constitution,’^  there  were 
cast  for  said  Amendments  so  submitted  to  the  people,  twenty-eight 
thousand  one  hundred  and  nineteen  (28,119),  and  against  said 
Amendments,  twenty-three  thousand  four  hundred  (23,400)  votes. 

Now,  Therefore,  I,  James  W.  Throckmorton,  Governor  of  the 
State  of  Texas,  in  accordance  with  the  provisions  of  a Joint  Reso- 
lution of  the  Legislature  of  said  State,  approved  October  5th,  1866, 
do  by  these  presents  make  known  and  declare  that  the  said  proposed 
Amendments  to  the  Constitution,  by  the  vote  of  the  people  of  said 
State,  at  the  election  aforesaid,  were  ratified  and  made  a part  of  the 
same. 


[Seal] 


In  Testimony  Whereof,  I have  caused  the  Great  Seal 
of  State  to  be  affixed,  at  Austin,  this  8th  day  of  October, 


1866. 


JAMES  W.  THROCKMORTON. 


By  the  Governor: 

J.  A.  GREEN,  Secretary  of  State. 


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